JANAYE DOWERS—Most private settlements slip quietly into obscurity, shielded from public scrutiny. But Bartz v. Anthropic stands apart. This case proceeded as a class action that required court approval, which placed its settlement terms in the public record and cast a rare light on a process that usually remains hidden. That visibility, combined with the […]
JASMINE KAYPOUR—Harold Hongju Koh, Sterling Professor of International Law at Yale Law School, dissected the state of America’s “National Security Constitution” and the disturbing expansion of presidential emergency powers in his recent lecture. Drawing on history, case law, and recent events, Koh argued that the balance envisioned by the framers—shared power between the president, Congress, […]
BENJAMIN LEMON—In a wide-ranging lecture and Q&A session, Professor Ilya Somin of George Mason University made his case that the Trump Administration’s recent “emergency” tariffs stretch statutory text past its breaking point, raise profound separation-of-powers concerns, and threaten to normalize delegations that put core taxing decisions in one person’s hands. He discussed what the tariffs […]
AVERY FRIEDMAN—Professor Mark Tushnet coined the term “Constitutional Hardball” to define a series of actions that, while legal and within the bounds of our Constitution, overthrow traditions and norms for political gain. Many unwritten customs dictate processes of our government that the Constitution is silent on. Many long-term practices, such as the size of the […]
ELSA IANNOTTA—Peter Shane began his lecture by examining the unitary executive theory: the belief that Article II guarantees presidential control over the discretionary functions of the executive branch. Interpretations of the scope of presidential power vary widely, some argue the President controls officers who assist in executive functions, others claim the President can dictate how […]
